Ahead of the forthcoming Saturday March 11, 2023 gubernatorial and state house of assembly elections, a Federal High Court sitting in Lagos state has granted permission to Labour Party and 41 others to apply for Judicial Review and Mandamus Orders compelling the Independent National Electoral Commission (INEC) to directly and electronically upload results from the polling units in the state to the INEC Results Viewing Portal (IReV).
Delivering the judgment, Justice Peter Lifu granted the leave in the suit filed on Thursday by the Labour Party, its governorship candidate, Gbadebo Rhodes-Vivour; and 40 others.
The court furthermore restrained INEC from engaging the services of individuals or companies who have political affiliation in the distribution of electoral materials.
Labour Party and the other applicants in the case had approached the court via a motion ex parte to compel INEC to comply with Clause 37 and 38 of the Regulations and Guidelines for the Conduct of Elections 2022 on electronic transmission of results and Section 27 of the Electoral Act on distribution of election materials.
Through their lawyer, Ibrahim Abass, they sought declarations preventing INEC from engaging persons who are partisans from distributing election materials as well as an order compelling the electoral body to adhere to the guidelines on the conduct of elections.
The applicants, through their lawyer, Mr. Abass Arisekola Ibrahim, had approached the court by a motion ex-parte marked: FHC/L/CS/370/2023, seeking the following;
“A declaration that the regulations and guidelines for the conduct of elections, 2022 made pursuant to Section 148 of the Electoral Act 2022 is constitutional, valid, lawful and ought to be strictly complied with for the conduct of the general election 2023.
“A declaration that the defendant and all its agents and/or their privies or any persons acting under their directions are bound to comply with and enforce the provision of Clause 37 of the regulations and guidelines for the conduct of elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on March 11, 2023, to wit: mandating the presiding officer of all polling unit to paste the publication of result poster EC60 (E) at the polling units conspicuously after completing the EC8A result sheet.
“A declaration that the defendant and its agents and their privies or any persons acting under their directions are bound to comply with and enforce the provision of clause 38 of the regulations and guidelines for the conduct of elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on March 11, 2023, to wit: Mandating the presiding officer of all polling units to transmit or transfer the result of the polling units electronically, direct to the collation system and use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IReV) immediately after the completion of all the polling units’ voting and results procedures.
“A declaration that the defendant is bound to enforce the observance and compliance of Section 27(1) of the Electoral Act 2022 in the distribution of electoral materials during the conduct of the governorship and House of Assembly election in Lagos State on March 11, 202,3 by engaging the services of independent, competent, and reliable logistic companies who are nonpartisans or known supporters of any political party for the distribution of electoral materials and personnel.
“An order of mandamus directing and/or compelling the defendant and all its agents and/or their privies or any persons acting under their directions to comply with and enforce the provision of clause 37 of the regulations and guidelines for the conduct of elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on publication of result poster EC60(E) at the polling units conspicuously after completing the EC8A result sheet, “An order of mandamus directing and compelling the defendant and all Its agents and their privies or any persons acting under their directions to comply with and enforce the provision of clause 38 of the regulations and guidelines for the conduct of elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on March 11, 2023, to wit: mandating the presiding officer of all polling units to transmit or transfer the result of the polling units electronically, direct to the collation system and use the Bimodal Voter Accreditation System (BVAS) to upload a scanned copy of the EC8A to INEC Result Viewing Portal (IRev) immediately after the completion of all the polling units, voting and results procedures.
“An order of mandamus directing and/or completing the defendant to enforce the observance and compliance of Section 27(1) of the Electoral Act 2022 in the distribution of electoral materials during the conduct of the governorship and House of Assembly election in Lagos State on March 11, 2023, by engaging the services of independent, competent, and reliable logistic companies who are nonpartisans or known supporters of any political for the distribution of electoral materials and personnel.”
The applicants supported the motion ex-parte with an affidavit deposed to by their lawyer and a written address also signed by their lawyer.
However, Justice Lifu ordered the applicants to serve the respondents with the order, including the necessary processes.
